Overview: Today's hands-off approach can be tomorrow's negligent hiring lawsuit. As a result, many employers turn to a variety of preemployment screening measures to find out ahead of time about any warning signs involving job applicants.
These measures can include employee background checks, reference checks, credit checks, drug tests, job-related aptitude tests and post-offer medical examinations. However, HR professionals should be certain to check their state employment laws as well as federal statutes to ensure that their testing efforts do not overstep.
If an employer decides to engage in any of these testing measures, it must do so across-the-board with all applicants in a consistent fashion. A failure to do so could lead to later discrimination claims.
Trends: Some states prevent employers from asking job applicants about arrests. Others have "Ban the Box" laws that prohibit employers from asking candidates to check off on an initial job application form if they have been convicted of a crime. This does not preclude such questions later in the selection process.
Employers also should be aware that several states limit the use of credit checks to certain positions where financial data, sensitive information or managerial responsibilities will be involved.
Author: David B. Weisenfeld, JD, Legal Editor
Illinois will soon become the 11th state to legalize recreational marijuana when Gov. J.B. Pritzker signs a bill he has voiced support for into law.
Updated to reflect 'ban the box' law, effective June 14, 2019.
Updated to reflect amendment regarding medical marijuana, effective June 14, 2019.
Updated to reflect forthcoming development related to marijuana screening.
Updated to reflect preemption law in New Mexico regarding union membership agreements, effective June 14, 2019.
Updated to include notice requirements for employers regarding a federal agency inspection, effective June 6, 2019.
HR Guidance concerning federal and state legal requirements on the screening and testing of job applicants.